What legal rights do independent contractors have if earned commissions remain unpaid after resignation?

Employment

Richard

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Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

1. Implied Contract: Even if you don't remember signing a contract, an implied contract might exist based on your work history and the agency's past practices. If the agency has consistently paid commissions in the past, it could be argued that there is an implied agreement to continue doing so.

2. Commission Agreements: Typically, commission payments are governed by the terms of the employment or contractor agreement. Any documentation, emails, or communications that outline how commissions are earned and paid could be crucial in establishing your right to the commission.

3. Breach of Contract: If the agency fails to pay commissions you have earned, it could be considered a breach of contract, whether the contract is written or implied. This could give you grounds to pursue legal action to recover the unpaid amount.

4. Legal Protections: Depending on your location, there may be laws that protect your right to receive earned commissions even after ending a working relationship. These laws vary by state.

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I work as a 1099 under a travel agency. I have $25,000 due in commission in 6 months. I am worried that if I tell them I’m leaving, I might not be paid. Would I have a case if they don’t pay me?

Lexi, Chatbot

I understand how concerning it can be to think about your commissions and job security. Have you already communicated your intention to leave to the travel agency?

Not yet, but I would like to.

Lexi, Chatbot

Are there any written agreements or contracts that outline the terms of your commission payments?

I don’t remember signing a contract, but there could be one.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they’ll be able to help with your commission payment issue.

No.

Richard

Hello. My name is Richard, and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this website is for information purposes only, and I cannot formally represent customers of this website or perform actual legal services on your behalf.

I understand you're concerned about receiving your commission from the travel agency if you decide to leave.

Richard

Based on your situation, there are several legal arguments and considerations in employment law that could potentially support your case:

4. Legal Protections: Depending on your location, there may be laws that protect your right to receive earned commissions even after ending a working relationship. These laws vary by state.

Richard

76,546 satisfied customers

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